PBSD MSTBU Agenda 10/02/2018 W PELICAN BAY SERVICES DIVISION
MUNICIPAL SERVICE TAXING & BENEFIT UNIT
NOTICE OF PUBLIC MEETING OCTOBER 2, 2018
THE PELICAN BAY SERVICES DIVISION BOARD WILL HOLD A
WORKSHOP ON TUESDAY, OCTOBER 2 AT 8:30 AM AT THE'
PELICAN BAY SERVICES DIVISION, 3RD FLOOR OF THE SUNTRUST
BUILDING, SUITE 302, LOCATED AT 801 LAUREL OAK DRIVE,
NAPLES, FLORIDA, 34108
AGENDA
1 . PBSD history and background
2. Landscape & Safety overview
3. Water Management overview
4. Capital Projects
5. Ethics & public records
6. Adjourn
ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO ONE (1) MINUTE
PER ITEM TO ADDRESS THE BOARD. THE BOARD WILL SOLICIT PUBLIC COMMENTS ON
SUBJECTS NOT ON THIS AGENDA AND ANY PERSON WISHING TO SPEAK WILL RECEIVE UP TO
THREE (3) MINUTES. THE BOARD ENCOURAGES YOU TO SUBMIT YOUR COMMENTS IN WRITING
IN ADVANCE OF THE MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS
BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE
MAY NEED TO ENSURE THAT A VERBATIM RECORD IS MADE, WHICH INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON
WITH A DISABILITY WHO NEEDS AN ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS
MEETING YOU ARE ENTITLED TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT
THE PELICAN BAY SERVICES DIVISION AT (239) 597-1749 OR VISIT
PELICANBAYSERVICESDIVISION.NET.
9/25/2018
New Board Member Orientation Community Tour
1. Watergate Way field operations building and site
2. Gulf Park Dr median cut
3. Bay Colony Brighton-Carlysle drainage retention areas
4. Lake bank erosion at Lake 2-9 (St. Thomas/St. Maarten Lake)
5. New prototype street sign design on Ridgewood Dr
Agenda item#4
Page 1 of 3
PBSD Projects Update September 28,2018
IRMA
Streetlight pole repairs (111 poles to be straightened and 4 pathway bollard lights to be replaced)
Solicitation#18-7434 Pelican Bay Streetlight Pole Repairs was put out for bid on 7/17/18. On
8/21/18, four(4)bids were received; however, one bid was deemed non-responsive. The three (3)
responsive bids ranged from$97,894 to $143,124. The recommendation to award a contract to
SPE Utility Contractors FD, LLC in the amount of$97,894,which is well under the budgeted
amount of$253,500, is scheduled for award at the 10/9/18 BCC meeting. Once the contract is
awarded,the work,which is expected to take 90-120 days, can be scheduled.
Street signs replacement (265 street signs to be replaced and 1 entrance monument to be repaired
Solicitation#18-7445 Pelican Bay Street Sign Replacement was put out for bid on 8/1/18. On
9/14/18, four(4)bids ranging from $440,968 to $777,367 were received. Additionally,two (2)
no bids were received. The lowest bidder was deemed non-responsive for not submitting the
required bid schedule; therefore, staff determined that the second lowest bidder,American
Infrastructure Services (AIS) was the lowest responsive and responsible bidder. The
recommendation to award a contract to AIS in the amount of$483,630,which is 9%below the
budgeted amount of$530,199, is scheduled for award at the 10/23/18 BCC meeting. Once the
contract is awarded,the work,which is expected to take 365-395 days, can be scheduled.
Solar aeration systems repairs(9 Lakes: 2-6, 2-7, 4-3, 4-4, 4-5,4-6, 4-7, 4-8,4-9)
Solicitation#18-7481 for IRMA-damaged solar aeration systems repairs was issued on 9/12/18
and bids are due on 10/12/18. The total estimated cost before insurance and FEMA claims is
$53,500.
Water management
Bay Colony"Beach Dune Swale" Carlvsle-Brighton discharge restoration
The construction of three additional sump retention areas at the Carlysle and Brighton is
complete.
Bay Colony"Beach Dune Swale"restoration
Agnoli Barber&Brundage is preparing a permit modification for submittal to SFWMD.
Due to the high cost expectations for mobilization of equipment and access issues in this
large,wet and sensitive environmental area,the engineer is developing a phased
construction schedule to restore the swale to its original permitted condition.
North Berm pipe collapse
Job is at substantial completion. Contractor is scheduled to return to redo asphalt patch.
Drainage pipes evaluation
Turkey Oak and Willowwood cul-de-sacs
Contractor cleaned and line-repaired the collapsed drainage pipes at Turkey Oak and
Willowwood cul-de- sacs. After the repairs were completed,the Foundation repaired the
asphalt path.
Agenda item#6
Page 2 of 3
PBSD Projects Update September 28,2018
Page 2
Ridgewood Park Lake to Bobwhite Ln
Contractor cleaned and video-evaluated the pipes that go from the Ridgewood Park lake, under
Ridgewood Dr and through the properties adjacent to Bobwhite where problems were
identified. The videos are under review by the engineer who will make a recommendation for
repairs.
Ritz entrance
Contractor evaluated the twin drainage pipes at the Ritz entrance. These pipes are
partially filled with vegetation and debris;however,water is flowing through them and they
are working as intended. Due to high water levels, and despite their efforts to sandbag and
pump down the water, Contractor will need to wait to clean and video evaluate these pipes
until the water levels recede after the rainy season.
Other water management projects in the works
Lake 2-9 (St. Thomas/St. Maarten lake)
Agnoli, Barber&Brundage completed the lake bank survey and is working on the proposed lake
bank restoration plans and permit modification to SFWMD.A bulkhead or seawall will be
needed along a portion of the bank,which will likely increase the cost for construction; however,
structural engineer services are being considered to develop alternate and less costly methods to
repair areas along the lake bank that are not critically eroded.
Lake 3-1 (Oak Lake Sanctuary lake)
A SFWMD permit modification was issued on 9/14/18 which authorizes modification of the
existing control structure to provide for proper bleeddown drainage of the Oak Lake Sanctuary
Lake 3-1. Quotes will be obtained for construction and the work will start during the "dry
season"or when the lake level returns to the control elevation. Agnoli Barber and Brundage is
also procuring and installing lake monitoring equipment to monitor and document lake levels
monthly in the Oak Lake Sanctuary Lake 3-1.
Roadwav maintenance
Gulf Park Dr median cut
The Contractor Bonness is starting construction on 10/1/18 and work is expected to be
completed by 10/12/18.
Gulf Park Dr re-striping
Staff is researching whether Bonness can add this project to the scope of work for the median cut
to save on mobilization and Maintenance of Traffic costs. The scope of work includes striping to
gradually taper and merge traffic into the right lane for a right turn only onto US41 and the
addition of seven new traffic signs.
Sharrow markings
Twelve (12) custom sharrow stencils were ordered and delivery is expected in October. The
Contractor McShea will then be scheduled to grind out the existing painted sharrows, and
repaint the sharrows using PBSD's custom stencils and thicker 20 mil reflective paint on Gulf
Park Dr and Pelican Bay Blvd.
Agenda item#6
Page 3 of 3
PBSD Projects Update September 28,2018
Page 3
Roadway Repaving
Three roads in Pelican Bay are scheduled for milling and repaving in FY 19 by the County's
Road&Bridge Maintenance Division: Hammock Oak Dr, Oakmont Parkway, and Gulf Park
Dr. R&B will give PBSD 30-days advance notice prior to scheduling the construction which
will be sometime between 10/1/18 and 9/30/19.
Other capital improvements
New PBSD administration& operations facility
On 8/24/18, staff held a preliminary planning meeting with an architect and engineer to discuss
construction of a new PBSD administration and operations facility to be built at 6200
Watergate Way. A second planning meeting was held on 9/20/18 and staff received the
architect's planning proposal on 9/24/18,which is included in the agenda packet.
Prepared by Lisa Jacob, 9/28/18
•
Collier County
Advisory Boards
in the Sunshine
•
Office of the County Attorney
Jeffrey A.Klatzkow.County Attorney
Overview of Presentation
• General Discussion of Advisory Boards;
• A Discussion of Florida's Government in the
Sunshine Law:
• A Discussion of Public Records Law;and
• Ethics Laws,both State and Local
What Is An Advisory Board?
A County advisory board is created by
ordinance, resolution or Florida statutes to
provide advice and recommendations to the
Board of County Commissioners on diverse
matters of public concern. Collier County has
approximately 40 Advisory Boards with over
300 members.
1
Why Do We Have Advisory Boards?
Citizen participation is vital to a democratic
government. Advisory boards, commissions,
and authorities are an integral part of the
governmental process in Collier County. The
volunteers who participate provide the Board of
County Commissioners with valuable insights
and their service is greatly appreciated.
What Ordinance Governs
My Advisory Board?
There are two County Ordinances you should be aware
of:
I. The County's General Advisory Board
Ordinance.Ord.No.01-55,as amended,and
2. The Ordinance or Resolution that created your
Advisory Board.
Overview of the General Advisory
Board Ordinance
Requirements for board members
®Appointment
el Loss of Membership
No representation of Collier County
2
Requirements for Board Members
All members of County'advisory boards must be
permanent residents and electors of Collier County and
should be reputable and active in community service.
The requirement that a board member must be a Collier
County elector may be exempted if the ordinance which
created the board specifies the need for membership
outside Collier County's boundaries. In addition, all
board members should have demonstrated an interest in
the activity or service„which is the purpose of the
board.
How is a Member Appointed to an Advisory Board?
All Advisory Board members are appointed by the
Board of County Cofmnissioners during a Regular
Public Meeting, and serve at the pleasure of the Board
of County Commissioners. The Commission's primary
consideration in appointing board members is to provide
the Advisory Board with the technical,professional,
financial,business or administrative expertise necessary
to effectively accomplish the Advisory Board's purpose.
Lossof Membership from an Advisory Board
Among the ways in which your membership from an Advisory Board may
prematurely end include the following.
I You cease to be a resident of Collier County,
2 You become a candidate.for political office unless you are running
unopposed for a non-remunerative elective position or an elective position
receiving nominal remuneration,such as the Mosquito Control District Board
or a fire district board,or you already serve in an elected position and are
seeking re-election;
3 You become a plaintiff in a lawsuit against Collier County;
4 You were absent for more than one-half of the advisory board's meetings in
a given fiscal year;and
5.You are removed by the Board of County Commissioners,with or without
reason.
3
3
An Advisory Board Member Does Not
Represent Collier County
A member of an Advisory Board is not a representative
of Collier County. You speak on behalf of yourself,not
on behalf of your advisory board or Collier County. To
that end,you may not print,create,use or distribute any
business or informational card depicting the County
logo or in any way representing you as a representative
of Collier County or as a County board member.
Overview of Your Advisory Board Ordinance
Your Advisory Board Ordinance(or Resolution if this is
an ad hoc committee)will typically define the purpose,
powers and duties of your board; the number of
members on the board; the member's term of office
(which is typically staggered); what constitutes a
quorum; and the board's rules of procedure (which
generally default to Robert's Rules of Procedure).
Florida's Government in the
Sunshine Law
4
What is Florida's Government-in-the-
Sunshine Law?
S Enacted in 1967
8 Found in Chapter 286,Florida Statutes
• Establishes a basic right of access to most
meetings of hoards, commissions and other
governing bodies of state and local governmental
agencies or authorities
Sunshine Law
The Sunshine Law is "applicable to any gathering, whether
formal or casual. or two or members of the same board or
commission to discuss some matter on which foreseeable action
will be taken by the public board or commission."
Hough v.Stembridge,278 So.2d 288(Fla.3d DCA 1973)
The Three Basic Requirements of the
Sunshine Law,
§286.011,Florida Statutes
Meetings of public boards,commissions or
committees("boards")must be open to the public.
Reasonable notice of such meetings must be
Minutes of the meeting must be taken.
5
Meetings Must be Open
to the Public
The public must be allowed to attend meetings. and the
location:
• Must be accessible
• Sufficient size for turnout
• Facility cannot discriminate based on age,race,etc
• Public access not unreasonably restricted
• Be within Collier County with few exceptions
• Effective 10.1 2013 public shall he given a reasonable
opportunity to be heard on a proposition betisre a board or
commission. Board may establish policies to maintain orderly
conduct and decorum May establish time limits.
Reasonable notice of such meetings
must be given.
The public must be given reasonable and timely
notice so they can decide whether to attend.What
is "reasonable" or "timely" depends on the
circumstance. It does not necessarily require a
newspaper advertisement; contact the County
Attorney's Office for guidance.
Minutes of the meeting are required. Written
minutes must be taken and made available promptly;
• Sound recordings may also be used,but only in addition to written'
minutes.
• Minutes may be a brief summary of meeting's events a Minutes are public records
• Minutes must record the votes.
4
6
* The Sunshine Law applies to all advisory boards
and all of the advisory board's subcommittees.
• The Sunshine Law applies wlien two or more
members of a board or subcommittee discuss a
matter that may foreseeably come before the board
or subcommittee.
Subcommittee Issues
A subcommittee is a subordinate
committee chosen from among the members of
a main committee to carry out special
assignments. All members of a subcommittee
must be members of the Advisory Board. All
subcommittees are Sunshine Committees, and
must adhere to all of the requirements of the
Sunshine Law.
Advisory Board Members
Must strictly adhere to all aspects of the Sunshine
Law.
No pre or post meeting discussions:
No private conversations on the dais;
Avoid texting on the dais:
May not use non-members as liaisons
between board members:
Avoid the appearance of impropriety.
7
Written Correspondence
A board member may send documents on matters
coming before the board for official action to other
board members, PROVIDED there are no responses
from, or interaction related to documents among, the
board members prior to the public meeting. The written
correspondence becomes a public record. , '
-Recommend use of staff liaison.
-Two way communication must be done in the Sunshine.
Inspection Trips
Members of an advisory board may conduct inspection trips
llimited basis).
• All requirements of the Sunshine Law must be met,as
fact finding exemption does not apply to a board with
"ultimate decision-making authority." Sec Finch v.
Seminole County School Board,995 So.2d 1068(Fla.
5th DCA 2008).
• To avoid Sunshine issues, if you wish to conduct an
inspection,do so outside the company of a fellow board
member.
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8
FAQs
I Are two members of the same Advisory Board of Board of
County Commissioners allowed to attend the same social
event or civic function,like a Chamber of Commerce meeting?
1 Social events and other community events are of course
permissible. Advisory Board members must be aware not to
discuss any matter that may be discussed at their advisory
board meetings.
r Does the Sunshine Law apply to private oreanizations,such as
homeowners'associations?
1 No. The Sunshine Law only applies to local government
boards.
I Does the Sunshine Law apply to a meeting between
one County Commissioner and a private citizen?
No.the Sunshine Law only applies to certain
discussions between two members of the same board.
Validity of Action Taken in Violation of The Sunshine
Law/Subsequent Corrective Action
• Section 286.011. F.S., provides that no resolution, rule,
regulation or formal action shall be considered binding
except as taken or made at an open meeting.
111 Recognizing that the Sunshine Law should be construed so
as to frustrate all evasive devices.the courts have held that
action taken in violation of the law is void ab jinni)Unn7
the beginning).
• Within limitations, some case law exists holding that
Sunshine Law violations can be cured by independent,
final action taken completely in the Sunshine.
9
What are the Consequences if a Public Board
or Commission Fails to Comply with the
Sunshine Law?
Criminal Penalties.
• It is a second degree misdemeanor to knowingly violate the Sunshine
law
• Punishable with a fine of up to WO and/or up too°days imprisonment.
Other Priorities Include
• Removal from position.
• Payment of attorney's fees incurred by the challenging parry,as well as
declaratory and injunctive relief.
The Headlines
We Don't Want!
"Judge Finds Marco Councilor ncilor Guilty of Sunshine Law
Violation!!" Naid..Dad,New.2n,vs
"Planning Member's Lunch Clouds Florida in Sunshine
Law"N.gda Dad)News 2/7/07
Grand Jury OKs City Sunshine Law Investigation 7112/57
Jusk,slsille N.7ss
"A Times-Union Investigation Finds Evidence of
Florida Sunshine Law Violations"li nJa I ni .i bmm6ilSio7
PUBLIC RECORDS
ti
ti
Office of the County Attorney
Jeffrey A.Klatzkow,County Attorney
10
The Definition of Public Records Open to
Inspection to Any Person is Very Broad.
r
A public record encompasses all
,,, , materials made or received by an
• ;.: ,a agency in connection with official
v..4.,...'•; business which are used to
'rrµ*
.1: perpetuate,communicate or
formalize knowledge,regardless of
whether such materials are in final
.':"' * fonmu.
Public Records Law
n•, Public Records include:
All documents, paper, letters, maps,
books, tapes, photographs, films, sound
recordings, data processing software, or
other material, regardless of physical
form or means of transmission made or
received pursuant to law in connection
with transaction of official business by the
agency.(Chapter 119, Florida Statutes)
Public Records Law applies to:
Records developed by the Board,
Board-Appointed Committees, and
employees
3 All Types of records including written
communications, letters, notes and e-
mails
Numerous exemptions are identified in §119.O7,
Florida Statutes,and other statutes
11
ADVISORY BOARD GUIDELINES FOR
PUBLIC RECORDS AND EMAILS
• While you are serving on an advisory board,correspondence and emaits to or
from anyone,on any computer(private or government owned),relating to
County business is a public record.
• Public records must be maintained pursuant to State guidelines. You may
save them on the computer.a disk or as a hard copy. If leaving your position
on an advisory board,please provide a copy of all public records in your
possession to the County Staff Liaison.
• One-way communications by email should be directed to the County Staff
Liaison. Pursuant to the Sunshine Lasst no two-way communications between
members(except during publicly noticed meetings)is permitted.
• If you choose to communicate with members of the public concerning County
business out email,please be aware that your name and email address,as well
as the name and email address of the public person,becomes a public record.
What Public Records are
Exempt From Disclosure?
Common exemptions are:
Records prepared for litigation
proceedings or in anticipation of
I legal proceedings
STS Social Security numbers of
�l�l employees and former employees
r:r Sealed bids or proposals
Home addresses of current and
former law enforcement officers
including Code Enforcement Officers
Public Records Requests
Can be made verbally or in writing by ane nerson
The Board.Committee,or Staff:
Has a"reasonable"time to respond
Can charge far the cost of retrieving records if the amount requested is
voluminous
Can charge 15 cents per page - ..
The Public Records Law does not require:
( The retention of records(this is covered by the State's records retention
policy)
The creation of records or the provision of records in the format
requested
An explanation of the records
T Collier County Resolution No.2007-327
12
PENALTIES
ti
ir.,
I s re.
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Ai
irill.,
11- of the Public
Records Act carries both civil
and criminal penalties!
FAQs
I. Flow does someone make a public records
request?
A public records request may be as formal
as a written request or as informal as a
telephone call with everything in between.
Is the person making a public records request
required to fill out an application or some
other form?
No. The important thing is to find out what records are being
asked for,and to get a copy of those records to the requestor
within a reasonable time.
3. Who does this?
If the request is simple and can easily be handled by your
department,such as a copy of a permit that the requestor had
filed.then it should be handled then and there. Any substantial
requests should be forwarded to the Customer Relations
Division. Your supervisor should assist you in this
13
Social Media and Florida's
Sunshine and Public Records Laws
Tools for Social
Networking:
Facebook
Twitter
Instant Messaging
You Tube
lnstagram
Social Media
Challenges
increased risk of running afoul of Florida's
Government in the Sunshine and Public Records
Laws.
14
Florida's Public Records Laws
Broad Definition
• Florida Supreme Court(1980)
•"All materials made or received by a city in
connection with official business which are
used to perpetuate, communicate or formalize
knowledge."
Social Media Activity is a
Public Record...
Regardless of the platform, if the
post/tweet/image or other material otherwise
meets the standards for a public record.
• It is a public record,
• It must be retained,and
• It must be producible for inspection or copying
if requested.
1
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15
Social Media and Sunshine
Advisory board members must not engage on social
media in an exchange or discussion of any matter that
might foreseeably come before the board for action...
Period.
ITo enengc in such an eschanee is to violate the Sunshine Lae-J
The courts frown upon any communication activity
between board members that appears to be an attempt to
evade Sunshine Requirements.
The Comment Trap
Advisory board members must be wary of
commenting on arty social media platform about
matters that foreseeably may come before the
board for action.
(The danger arises from the potential for two or more board
members to exchange comments,intentionally or inadvertently.)
FAQs
■ Should I ever use my personal Social Media for County
Business?
■ (JAKI Never. There is a reason that the County gives you an
email account. Use your County email,or use the telephone. •
And never use your personal computer for County business
unless you have logged onto the County network. The last
thing you want is someone to subpoena your heard drive to
search for public records, Because G-d only knows what's on
there....
16
Ethics Laws
Office of the County Attorney
Jeffrey A.Klatzkow,County Attorney
This will not suffice!
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Two Areas of Ethics Laws
■ State Law: Chapter 112 Code of Ethics for Public
Officers and Employees. Applies to all advisory
board members, elected officials, and County
employees.
m The County's Ethics Ordinance:Ord.No.2003-53,as
amended. Applies to all advisory board members,
elected officials,and County employees.
17
Unauthorized Gifts and Compensation •
Public officers or employees, local government
attorneys, and their spouses and minor children
are prohibited from accepting any compensation,
payment, or thing of value when they know, or
with exercise of reasonable care should know,
that it is given to influence a vote or other
official action. [Sec. 112.31.3(2),(4),Fla. Stat.]
Unauthorized Compensation
Public officers including Advisory Board
members, and their spouses and minor
children are prohibited from accepting any
compensation, payment, or thing of value
when they know, or with the exercise of
reasonable care should know, that it is
given to influence a vote or other official
action. [Sec. 112.313(4),Fla. Stat.]
Misuse of Public Position
Public officers and employees, and local
government attorneys are prohibited from
corruptly using or attempting to use their
official positions or the resources thereof to
obtain a special privilege or benefit for
themselves or others. [Sec. 112.313(6), Fla.
Stat.]
18
Disclosure or Use of Certain Information
Public officers and employees and local
government attorneys are prohibited from
disclosing or using information not
available to the public and obtained by
reason of their public position for the
personal benefit of themselves or others.
[Sec. 112.313(8),Fla. Stat.]
Prohibited Business Relationships
• I.Doing Business With One's Agency
®2.Conflicting Employment or Contractual
Relationship
Doing Business With One's Agency
• (a) A...public officer acting in an official capacity. is
prohibited from purchasing. renting, or leasing any realty.
goods_or services for his or her agency from a business entity
in which the officer or employee or his or her spouse or child
owns more than a 5%interest.[Sec.112.313(3).Fla.Stat.]
• (b)A public officer or employee,acting in a private capacity.
also is prohibited front renting,leasing,or selling any realty,
goods.or services to his or her own agency if the officer or
employee is a state officer or employee,or,if he or she is an
officer or employee of a political subdivision, to that
subdivision or any of its agencies.[Sec.112.313(3),Fla.Stat.]
19
Conflicting Employment or
Contractual Relationship
• (a)A public officer or employee is prohibited from holding
any employment or contract with any business entity or agency
regulated by or doing business with his or her public agency.
[Sec.112.313(7),Fla.Stat.]
• (b) A public officer or employee also is prohibited from
holding any employment or having a contractual relationship
which will pose a frequently recurring conflict between the
official's private interests and public duties or which will
impede the full and faithful discharge of the official's public
duties,[Sec.112.313(7),Fla.Stat.]
• Can be waived in the case of Advisory Board Members by a
two-thirds vote of the Board of County Commissioners(after
disclosure on Commission Form 4A).
Voting Conflicts of Interest
Requires no County, municipal, or other Local Public
Officer (including members of Board` appointed
committees) shall vote in an official capacity upon
any measure which would inure to the special private
gain or loss of themselves,any principal or entity by
whom they arc retained, other than an agency as
defined in§ 112.312(2),Fla. Star.,or to any relative
or business associate. (Specific exemptions apply.)
Voting Conflicts of Interest
•Exemptions may apply:
■ 1. Remote and speculative test"uncertainty at
•
time of vote."
•2. Size of class test"unique gain or loss."
7Q
Requires that public officers,including members
of advisory committees:
e Must announce the nature of the conflict before the
vote:abstain from voting;and file a memorandum of
voting conflict.
e May not participate in the discussion without first
disclosing the nature of their interest in the matter
(either in writing prior to the meeting, or orally as
soon as they become aware that a conflict exists).
e May not participate in an attempt to influence the
decision.
Optional Abstention Provision
Section 286.012,Ha. Stat.,provides that an advisory
board member may abstain from voting on a matter
when there is or appears to be a possible conflict of
interest to avoid any perceived bias or prejudice.
•The advisory board member is required to file Voting
Conflict Fonn 8B when citing a potential conflict
under this provision.
Form 1 -Limited Financial Disclosure
■ Collier County Code Enforcement Board
e Collier County Planning Commission
e Collier County Water and Wastewater Authority
21
Penalties
Violation of Statute
Includes a fine up to$10.000 and
removal from office
Collier County Ethics Ordinance
k,
i'
,i,
Collier County has a No Gift Policy
Public officials including Advisory Board
members are prohibited from accepting any gift
or any other thing of monetary value from
anyone that has an interest that may be
substantially affected by the performance or non-
performance of duties of a public official.
Stricter than State Law.
22
County Ethics Ordinance
Limited Exceptions Apply!
Gifts from relatives.
Unsolicited advertising or promotional materials.
Gifts for participation in a seminar.
Award of nominal commercial value.
Food or beverage offered to all attendees at a
conference or business meeting,up to$4.
When in doubt,please ask! Better yet,just say no or
pay for the food or beverage.
PENALTIES
for violating County Ethics Ordinance
County Ordinance
Violations Carry Jail as
Well as Fine Penalties
j.*`
lri, I 4473-.
FAQs
• What are the most common violations of the County
Ethics Ordinance?
® Every year we get questions involving Christmas or
holiday gifts. Gifts from the public,or those whom
you do County business with,may not be accepted
and must be returned.
a Another common question asked is whether vendors
may provide lunch or other snacks for a working
meeting.
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n Under the County Ordinance,vendors may not
provide anything of value to County employees or
Advisory Board members and this would include
lunch or snacks provided at a meeting.
■ Another question often asked is whether a citizen
may bake a cake or bring a case of water to Advisory
Board members. Pursuant to the County Ordinance.
this is not allowed.
m The County's Ethics Ordinance is very strict.
If anyone tries to pay for your lunch,in
connection with your County advisory board
service,please say no thank you and pay for
lunch!
m With all that said,if you ever have any
questions involving an Ethics issue please call
us. We are not the"Ethics Police." We are
here to help,and we will keep your question
confidential(remember that emails are public
records).
If you want,we will gladly give you a written
legal opinion on what you can or cannot do.
We cannot help you after-the-fact;when in
doubt call us.
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